Full Court Minute Books

Case B24/2011

Stoten v. The Queen

Hargraves v. The Queen

Case No.

B24/2011; B28/2011

Case Information

Lower Court Judgment

23/11/2010 Supreme Court of Queensland (Court of Appeal)

[2010] QCA 328


Constitutional law — Trial by jury — Section 668E(1A) of Criminal Code (Q) ("proviso") allows court to dismiss appeal where points raised by appellant might be decided in appellant's favour if court considers no substantial miscarriage of justice has occurred — Applicants found guilty by jury of conspiracy to defraud Commonwealth — Court of Appeal found errors in directions given to jury but applied proviso and dismissed appeal — Whether application of proviso inconsistent with s 80 of Commonwealth Constitution Weiss v The Queen (2005) 224 CLR 300.

Criminal law — Appeal and new trial — Procedural fairness —Whether directions at trial constituted denial of procedural fairness — Whether Court of Appeal failed to take into account direction concerning applicants' interests in subject matter of evidence in applying proviso — Weiss v The Queen (2005) 224 CLR 300.

Words and phrases — "procedural fairness".

Short Particulars


13/05/2011 Hearing (SLA, Canberra by v/link to Brisbane)

26/05/2011 Notice of appeal (Stoten)

26/05/2011 Notice of constitutional matter (Stoten)

27/05/2011 Notice of appeal (Hargraves)

27/05/2011 Notice of constitutional matter (Hargraves)

10/06/2011 Written submissions (Stoten)

10/06/2011 Chronology (Stoten)

17/06/2011 Written submissions (Hargraves)

17/06/2011 Chronology (Hargraves)

08/07/2011 Written submissions (Stoten - Respondent)

08/07/2011 Written submissions (Hargraves - Respondent)

25/07/2011 Written submissions (Attorney-General of the Commonwealth intervening)

25/07/2011 Written submissions (Attorney-General for Victoria intervening)

25/07/2011 Written submissions (Attorney-General of Queensland intervening)

26/07/2011 Written submissions (Attorney-General for New South Wales intervening)

29/07/2011 Reply (Stoten)

02/08/2011 Reply (Hargraves)

06/09/2011 Hearing (Full Court, Canberra)

26/10/2011 Judgment  (Judgment summary)